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Sanders-Reed v. Martinez
A district court held that a minor may bring a climate change lawsuit against the state of New Mexico under the public trust doctrine. The minor made a substantive allegation that, notwithstanding statutes enacted by the New Mexico legislature that enable the state to set air quality standards, the ...
Idaho Conservation League v. Atlanta Gold Corp.
A district court ordered a mining company to comply with the CWA by October 31, 2012, and to pay over $2 million in penalties for CWA violations in Montezuma Creek, a tributary of the Middle Fork Boise River near Atlanta, Idaho. Environmental groups filed suit against the company for discharging wa...
Delaware Dept. of Natural Resources & Environmental Control v. U.S. Army Corps of Engineers
The Third Circuit held that a U.S. Army Corps of Engineers complied with NEPA, the CWA, and the CZMA in its decision to deepen the main channel of the Delaware River by five feet. The Corps' 2009 EA was neither arbitrary nor capricious. The Corps complied with the procedural requirements prescribed ...